While most Tunisians celebrate the 2011 democratic uprising that toppled Ben Ali, the very activists who helped spur the revolution on the ground are today being arrested on charges of “burning security centers” and “destroying public property” during that time period.
Suspects run the gamut, from a 14-year-old to 70-year-old Anes Bint al-Nawi, whose lawyer says is not strong enough to light her own heater. “How could she burn a police station?” he said.
While most Tunisians celebrate the 2011 democratic uprising that toppled Ben Ali, the very activists who helped spur the revolution on the ground are today being arrested on charges of “burning security centers” and “destroying public property” during that time period.
Suspects run the gamut, from a 14-year-old to 70-year-old Anes Bint al-Nawi, whose lawyer says is not strong enough to light her own heater. “How could she burn a police station?” he said.
Al-Nawi, accused of burning a security center in Sidi Bouzid Province, is not the only woman facing charges of arson. Another woman from the Um al-Arayes city in the south of the country, like Al-Nawi, may face a prison sentence ranging from 10 – 20 years.
Not protected by the law
Their cases are not affected by the May 2014 revision to the 2013 transitional justice law, which was approved by the National Constituent Assembly (parliament) and protected revolutionary participants and their acts related to the uprising, from prosecution.
According to the amendment: “Any acts committed during the period extending from December 17, 2010 until February 28, 2011, to achieve the aims of the revolution and to make it succeed shall not be criminalized or subject to any criminal prosecutions.”
However, these amendments will not lessen the number of prosecuted people. The list of charges brought three years ago against activists in the Tunisian revolution contains the charge of “forming groups to destabilize public stability.”
This is a charge punishable by imprisonment of 10 years, a life sentence and even the death penalty, according to the Criminal Code of Tunisia.
Punishing the revolutionaries
According to activist Mariam al-Barbari, these charges aim to punish those who “participated in the revolution and in the protest movement witnessed in Tunisia during the last three years.”
Barbari told Correspondents that there are more than 100 young men and women facing charges.
“This is not a mere coincidence, a mistake, or a fallacy” said Barbari. “The list of names of prosecuted persons include some of the revolution’s wounded, members of the Tunisian revolution martyrs’ families as well as some other active youth.”
Awkward timing
The list of suspects include the name of a 14-year-old child, who could be sentenced to death based on the charges being brought against him–“forming agreements to destabilize security.”
This charge, which has been recently brought against dozens of people in the different regions, coincides with the release of the symbols of Ben Ali’s regime.
The military court found Rafik Haj Kassem, the former interior minister during Zine El Abidine Ben Ali’s regime, and a number of security leaders accused of killing and wounding people, innocent.
Moreover, Ali Al-Siryati, security director under Ben Ali, was released some weeks ago after spending three years in prison. .
Al-Barbari, who coordinates the ‘I Burnt a Police Center’ campaign calls this kind of timing “surreal”.
“The symbols of prominent statesmen from the former regime were released from prison to make space for those who revolted against this system,” she said.
In addition, a number of the wounded and martyrs’ family members were sentenced to three years for incitement to arson.
Injured not exempt
The same verdict was issued against Jihad Mabrouk, one of the wounded persons of the revolution, on charges of violent assault and public defamation. Charges were pressed when he participated in a protest against one of the symbols of the old regime.
Although Mabrouk is still waiting for reparations for his injuries, this will require yet another battle.
Tens of young people were imprisoned for similar charges. Today, there are some 30 young men languishing in prison and serving severe sentences.
No comment from the ministry
The Ministry of Justice and Human Rights refused to comment or explain the reasons for the legal adaptation of charges pressed against “the youth of the revolution,” or how the states’ political and sovereign institutions adopt the “revolution” according to the text of decree number 97 of 2011 but prosecutes those who participated in it.
The spokesman for the Sidi Bouzid court, prosecuting more than 23 young men on various charges, declined to comment on this matter saying that he is on leave and he has no information on this topic.
Punishable misdemeanour
For more than a year and a half, a number of young people have been facing prison sentences for taking part in what the Tunisians describe as a «revolution» but the Tunisian judiciary and the Tunisian law says that they were participating in «punishable misdemeanour» acts.
The best example of this is the appeal of the public prosecutor in Medenine City in a verdict issued against 10 young men from Djerba Island. The court ruled not to hear the case related to the charges of arson brought against them during the events of the revolution during the period from December 18, 2010 to February 18, 2012.
Things are not different in the Meknes City in Sidi Bouzid. The list of those accused of burning a police center contains 23 names. The same applies to Thala City in Kasserine Province—two cities that were the cradle of the Tunisian revolution.
In Sidi al-Bashir in the capital city, former revolutionaries are facing similar fates. Fathi al-Halaji was accused of burning the area’s security center although the list of burned police centers issued in March 2011 did not include al-Bashir’s name.
The family of the defendant says the center was not burnt at all, but this did not prevent the court from convicting him and sentencing him to four years in prison.
